Aviation Litigation Frequently Asked Questions
Nurenberg, Paris's Responses to These Frequently Asked Questions Relating to a Claim
for Wrongful Death
Question: Please provide names and case captions for air crash cases which were
tried by the individual attorney who would handle our case.
Answer:
The most recent air crash case tried by the Nurenberg, Paris aviation
team arose from the air crash disaster near Burke Lakefront Airport known as John
and Anissa White vs. MRD Leasing, Inc., et al. Our firm represented surviving passenger,
John White, age 34, who sustained severe and permanent disabling injuries, including
compound fractures to both lower extremities, a crushed spine and burns. The jury
in the White case returned a record verdict for the claims of Mr. White, as well
as the loss of companionship claim brought by his wife who was not on the aircraft.
[
Lawyers Weekly Article Regarding Verdict]
Another recent series of air crash cases tried in court by James Lebovitz and counselor
to the firm, Marshall I. Nurenberg, arose from the crash of USAir Flight 4743 near
Beckley, West Virginia involving a British Aerospace Jetstream. Our firm represented
16 of the 17 passengers who were traveling on this aircraft. The cases were tried
in both the United States District Court for the Southern District of West Virginia
as well as the Circuit Court of West Virginia in Raleigh County. The civil action
number was 5:91-0460. The case captions for the claims filed in the United States
District Court were:
- Thomas and Cynthia Athey v. USAir and British Aerospace, Inc.
- Rodney and Linda Carney v. USAir and British Aerospace, Inc.
- Lance and Cindy Hess v. USAir and British Aerospace, Inc.
- Melvin and Dolly Kessler v. USAir and British Aerospace, Inc.
- Gary Spangler v. USAir and British Aerospace, Inc.
- Wayne and Patricia Westfall v. USAir and British Aerospace, Inc.
- Tammy Williams v. USAir and British Aerospace, Inc.
Captions for the cases tried in the Raleigh County Circuit Court were:
- Edmund McGee, et al. v. USAir and British Aerospace, Inc. Case No. 91-C-2083-A
- Harley McClung, et al. v. USAir and British Aerospace, Inc. Case No. 91-C-2082-A
USAir Flight 4743 was an international flight and thus, these cases were tried under
the Warsaw Convention. By proving willful misconduct, we were able to greatly exceed
the $75,000.00 limit on damages for these cases, thereby enabling our clients to
recover full and fair compensatory damages without any limit or "cap" on the amount.
James Lebovitz was the firm's lead Plaintiffs' counsel in connection with these
cases and likewise, for your case, would be the principal attorney together with
David Paris representing your family. Further, it should be noted that despite the
fact that approximately 90% of all aviation cases are settled out of court, prior
to trial, we prepare each case, from the time we are retained, as if our clients
case will be tried in Court. This ensures the likelihood of a full and fair recovery.
